Ford Motor Co. issued an international recall of nearly 500,000 Escape SUVs after the National Highway Traffic Safety Administration received 68 complaints. These complaints included reports of 13 accidents and one fatality. The recall includes the 2001 to 2004 model year Escapes.
The NHTSA says the problem is linked to an inadequate clearance between the engine cover and the cruise control cable. This defect can cause the gas pedal to stick. Ford also recalled its 2013 model year Escapes after discovering that the engines could catch fire due to a defective fuel line leak.
Products liability law can be used to hold a manufacturer legally responsible for injuries caused by a defective consumer product. In Louisiana, the Louisiana Products Liability Act (LPLA) imposes strict liability once the statutory standards are met. Under the LPLA, the product must contain a statutorily defined defect and the manufacturer must meet the statutory definition of a manufacturer. An injured consumer must also prove that the product was unreasonably dangerous when being used in its “reasonably anticipated use.”
Evidence of a recall may be construed as an admission of negligence by the defendant and can bolster a consumer’s case against a negligent manufacturer. If you were injured by a defective consumer product, Broussard & David can protect your rights under the LPLA. For a complimentary consultation, contact Broussard & David at 888-337-2323(toll-free) or 337-337-2323 (local).